Ottem, Sidney P.
2009-05-19T17:25:01Z
2009-05-19T17:25:01Z
2008
23 J. ENVTL. L. & LITIG. 275 (2008)
1049-0280
http://hdl.handle.net/1794/9188
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
The following material summarizes and provides context for
Acquavella's major rulings and attempts to aid those who find
themselves in water litigation by providing a case study and a
practice aid. The Article concludes by making a case for
developing new interest and devoting resources toward pursuing
adjudications on a West-wide, if not nationwide, basis in light of the uncertainty of water supply that will occur as a result of
climate change.
en_US
University of Oregon School of Law
Acquavella
Yakima River Basin
Stream adjudication
Yakima River Watershed (Wash.)
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 275-356 : The General Adjudication of the Yakima River: Tributaries for the Twenty-First Century and a Changing Climate
The General Adjudication of the Yakima River: Tributaries for the Twenty-First Century and a Changing Climate
Article

Murphy, Laura Bucher
2009-05-19T17:24:53Z
2009-05-19T17:24:53Z
2008
23 J. ENVTL. L. & LITIG. 357 (2008)
1049-0280
http://hdl.handle.net/1794/9187
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
This Article presents a potential tool for those homeowners negatively
impacted by industrial animal farms to use. It is a general roadmap for
property tax assessment protests for residences near factory
farms. It draws largely from a publicly available guide, also by
this author, that was created as part of the Vermont Law School
Environmental and Natural Resources Law Clinic's (ENRLC)
project to facilitate these types of protests. The project
recognizes that when localities fail to account for the devaluing
impacts that factory farms have on neighboring properties in
making property tax assessments, they mistakenly overestimate
the fair market values of those properties, which results in unfair
and falsely high property taxes. If, in contrast, factory farms are
properly taken into account, neighboring residences will receive
fair assessments and fair tax bills, and localities will be more
likely to consider the true costs of factory farms when making
relevant policy decisions.
en_US
University of Oregon School of Law
Property tax assessment
Industrial animal farms
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 357-400 : CAFO Grief: Using Tax Grieving Procedures to Protest Industrial Animal Factories
CAFO Grief: Using Tax Grieving Procedures to Protest Industrial Animal Factories
Article

Smith, Diane R.
Nastich, Summer L.
2009-05-19T17:24:39Z
2009-05-19T17:24:39Z
2008
23 J. ENVTL. L. & LITIG. 401 (2008)
1049-0280
http://hdl.handle.net/1794/9186
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
This Article
addresses the question of under what circumstances, if any, can
trustees and/or beneficiaries be held liable as owners? This
question is crucial because owners are strictly liable under the
Superfund Law, the Comprehensive Environmental Response Compensation, and Liability Act of 1980 (CERCLA). Other
questions addressed in this Article include: If the beneficiary or
trustee is potentially liable, is such liability personal or limited to
trust assets? What steps can be taken to reduce or eliminate
exposure of the trust assets and the beneficiary and/or trustee's
own personal assets to clean-up liability? What potential
defenses are available to trustees and beneficiaries?
en_US
University of Oregon School of Law
Trustee liability
CERCLA
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 401-432 : Can You Trust a Trust? The Potential CERCLA Liability of Trustees and Beneficiaries
Can You Trust a Trust? The Potential CERCLA Liability of Trustees and Beneficiaries
Article

Mahoney, Julia D.
2009-05-19T17:24:25Z
2009-05-19T17:24:25Z
2008
23 J. ENVTL. L. & LITIG. 433 (2008)
1049-0280
http://hdl.handle.net/1794/9185
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
In the past three decades, conservation servitudes, also
known as conservation easements, have emerged as an
important means of preserving lands of ecological, scenic,
cultural, and historic value. Although exact figures are impossible to come by, it is estimated that more than nine
million acres in the United States are subject to conservation
servitudes held by land trusts and other organizations. The
explosive success of this novel approach to land preservation has
led to an increasing stream of questions and concerns.
en_US
University of Oregon School of Law
Land conservation
Conservation servitude
Conservation easement
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 433-450 : Land Preservation and Institutional Design
Land Preservation and Institutional Design
Article

Olmsted, James L.
2009-05-19T17:25:15Z
2009-05-19T17:25:15Z
2008
23 J. ENVTL. L. & LITIG. 451 (2008)
1049-0280
http://hdl.handle.net/1794/9189
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
This Article first provides a brief discussion
of the historical and philosophical antecedents of real property
law in the United States. The Article next provides an historical
and legal analysis explaining how conservation easements fit
within the current real property regime in the United States. Having thus laid this contextual groundwork, the Article
expounds upon the merits of perpetual conservation easements.
The final parts of the Article are in rebuttal to challenges to this
Article in Professor Mahoney's article, Land Preservation and
Institutional Design.
en_US
University of Oregon School of Law
Land conservation
Conservation servitude
Conservation easement
Natural areas
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 451-490 : Representing Nonconcurrent Generations: The Problem of Now
Representing Nonconcurrent Generations: The Problem of Now
Article

Fisher, William
2009-05-19T17:25:27Z
2009-05-19T17:25:27Z
2008
23 J. ENVTL. L. & LITIG. 491 (2008)
1049-0280
http://hdl.handle.net/1794/9190
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
During the last thirty
years, the State of Washington has been involved in extensive
litigation with Indian tribes (with the United States acting as
trustee for the tribes) regarding fishing rights and the quality of fish runs throughout the Northwest. While much of this
litigation regards tribal fishing rights in the face of state fishing
regulations, few cases have specifically touched on a state's duty
to protect fish runs and fish habitat.
en_US
University of Oregon School of Law
Culverts opinion
Pacific Northwest
Tribal fishing rights
Northwest, Pacific
Environmental law
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 491-518 : The Culverts Opinion and the Need for a Broader Property-Based Construct
The Culverts Opinion and the Need for a Broader Property-Based Construct
Article

Lords, Courtney
2009-05-19T17:24:14Z
2009-05-19T17:24:14Z
2008
23 J. ENVTL. L. & LITIG. 519 (2008)
1049-0280
http://hdl.handle.net/1794/9184
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Parts I and II of this Article provide an overview of the
climate change crisis and the public trust doctrine. Part III
discusses trusts generally and the difference between private and
public trusts. Part IV discusses the duties owed by the trustee to
the trust beneficiaries; specifically, the trustee's duty of loyalty
and the several sources from which the duty is derived. Part V
takes an in-depth look at the types of conflicts of interest
confronted by trustees and trustees' agents in their
administrative capacity. Recent examples from federal agencies
are provided to demonstrate how conflicts of interests influence
decisions that impact the public trust. Finally, Part VI ties the
trust principles, trust duties, and trustee conflicts of interest
together and suggests future actions to attract the trustee's
attention.
en_US
University of Oregon School of Law
Climate change
Public trust
Private trust
Climatic changes
Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 519-542 : Protection of Public Trust Assets: Trustees' Duty of Loyalty in the Context of Modern American Politics
Protection of Public Trust Assets: Trustees' Duty of Loyalty in the Context of Modern American Politics
Article